Discrimination Faced by People with Disabilities at the Workplace: A Qualitative Study by Disabled People's Association and the Institute of ...
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Discrimination Faced by People with Disabilities at the Workplace: A Qualitative Study by Disabled People’s Association and the Institute of Policy Studies 0
Chapter 1: Introduction 1.1 Background This research paper was undertaken by the Disabled People’s Association (DPA) in conjunction with the Institute of Public Policy (IPS). DPA is an advocacy organisation that aims to be the voice of persons with disabilities; DPA members are persons with disabilities who give feedback on the quality-of-life issues which affect them. Over the years, a key and recurring topic raised by DPA members has pertained to the difficulties they faced finding gainful employment, staying employed even after finding jobs, and the concerns and issues encountered at work directly related to their disability. Hence, the DPA felt it was timely to conduct a qualitative study on the topic of discrimination against persons with disabilities in the workplace. Too often, however, the word ‘discrimination’ is used as a broad and abstract term. This study seeks to develop a more specific and concrete understanding of discrimination by documenting the various forms of discrimination experienced by persons with disabilities, as well as contextualising this concept within the employment narrative in Singapore. Besides anecdotal accounts, various surveys and reports have been highly suggestive of the existence of discrimination against persons with disabilities in the workplace. One indication is the disproportionately low employment rates of people with disabilities compared to that of the overall population – “people with disabilities make up just 0.55 per cent of the resident labour force in Singapore. But 3.4 per cent of residents aged 18-49 here have a disability” (Kok, 2017). Coupled with the fact that over 97 per cent of the resident population is employed, this paints an even more dismal picture of the employment situation for the disability community. Indeed, “only one in 10 persons with disabilities is able to find work in the open market” (The Straits Times, 2017). Workers with disabilities are also more likely to be engaged in part-time and informal work, instead of being in full-time employment with its attendant increased stability and benefits. 1.2 Objectives The purpose of this research project is to understand the types of unfair treatment faced by people with disabilities in the workplace. It is the first step, and an important one, in affirming the problem exists and subsequently in clarifying the types and causes of discrimination. Specifically, this research aims to: a. Understand the full range of discrimination people with disabilities face in the workplace, including previously unknown or invisible forms of discrimination. b. Explore the social, financial and economic consequences of such actions for the wellbeing of people with disabilities as well as co-workers and employers. c. Suggest strategic directions and recommendations for stakeholders to address and tackle discrimination. 1
1.3 Significance Being the first qualitative research of its kind, the goals and outcomes of the study would impact on the following areas. a. Theoretical and Empirical Contributions: The study takes on the fundamental task of identifying and clarifying the types of discrimination, which is particularly important as some forms of unfair treatment are completely invisible or fly under the radar in terms of corporate and public awareness. This will set the foundation for the next stage of conducting surveys to establish the overall magnitude of the problem. Findings from this study also aim to inform the advocacy efforts of the DPA. The insights on invisible or oft-overlooked forms of discrimination will also contribute to the general literature on social inclusion of people with disabilities in Singapore. b. Service Delivery: The DPA will engage with organisations that tackle unfair practices in the workplace in the following ways – to inform, consult, build consensus and co-create policies and services to address the issues unearthed. Specifically, the study will benefit the Ministry of Social and Family Development (MSF), the National Council of Social Service (NCSS), SG Enable and Voluntary Welfare Organisations (VWOs) serving people with disabilities in terms of having better knowledge and understanding of the various forms and causes of discrimination. This will help them improve their employment services for people with disabilities and take measures to prevent discrimination. c. Discrimination Legislation and Policies: The findings will also help the Ministry of Manpower (MOM) and the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) explore and consider the feasibility of discrimination legislation or policies, and improve existing inclusion and diversity initiatives. The study will also inform the advocacy efforts of The Disabled People’s Association (DPA) and other disabled people’s organisations. 2
Chapter 2: Methodology, Data Collection, Respondent Profile To ensure the qualitative research was undertaken in a rigorous and unbiased manner, a research consultant from the Institute of Policy Studies (IPS) was engaged by the DPA to support the project. The IPS consultant provided training and advice on the design of the project, as well as the approaches and methods used in recruiting researchers and obtaining research data. These are explained in more detail below. Researchers adhered to ethical standards prescribed by the National University of Singapore (NUS) Institutional Review Board. Participation information sheets and consent forms were provided to all respondents. Researchers also met with respondents to explain and describe the research as well as to answer questions. Informed consent was obtained from all respondents. 2.1 Participatory Approach A participatory approach, in the form of recruiting people with disabilities as co-investigators, was adopted for this research project. The reason for using this approach was to involve and, more importantly, empower persons with disabilities in the research process in encompassing and in-depth ways. Co-investigators – who are themselves persons with disabilities – engaged in the recruitment of respondents, undertook data collection and analysis, and disseminated research findings. Training people with disabilities as co-investigators also allowed for access to different disability communities, support groups, and networks of which these co-investigators were already members. For example, a co-investigator, who is hard of hearing, could reach out effectively to members of the Deaf community, and who were then more forthcoming during interviews and in giving information. This was only possible because of his familiarity with the Deaf respondents as well as knowledge of sign language, their preferred communication mode. Likewise, a co-investigator, who has a physical disability, was able to build trust and rapport with wheelchair-using respondents, as they were less intimidated and more comfortable in the presence of a fellow wheelchair user. This innovative approach, using co-investigators and researchers with disabilities in the research process, was a crucial means of enhancing the quality and authenticity of the responses, and, in turn, strengthening the veracity of the findings. 2.1.1 Training of Researchers To ensure the research is predominantly owned and led by persons with disabilities, the DPA and IPS identified two co-investigators, two participant-researchers (i.e. individuals with disabilities who concurrently participated in the research as both a respondent and researcher), and nine research volunteers – the vast majority of whom have disabilities – to be trained over two sessions. The first session covered the study’s objectives, approach and background, and how to properly recruit and seek consent from respondents. The second session focused on data collection methods, including soliciting journals, conducting interviews and facilitating focus groups. This was followed by role- playing sessions to enable the researchers to practise the techniques with the IPS consultant providing feedback. 3
The IPS consultant accompanied the co-investigators and participant-researchers for the initial round of interviews and focus group discussions, after which they had gained confidence in running the sessions independently. The researchers and consultant held weekly meetings to update one another on the progress and raise issues for discussion on the process. 2.2 Data Collection The three main ways in which raw data and responses were collected were via journalling, interviews and focus group discussions. These provided a range of input methods to cater to potential respondents’ different comfort levels when recounting their experiences – remotely via writing online journals, one-to-one interviews, or discussions in a group setting. 2.2.1 Solicited Journaling Experiencing discrimination would probably be psychologically traumatic, as would being requested and having to recount such encounters. In view of the potential sensitivity of the topic, a journalling option was given to potential respondents, which provided an avenue for those who preferred to record their stories and feelings, diary style, or those who did not wish to be interviewed in person. Journaling also allowed them an opportunity to reflect upon these experiences at their own pace, time and comfort level. A journaling template was provided to facilitate the reflection process. (Refer to Appendix A.) To ensure ease of use, respondents were encouraged to record their experiences via the template online, with a unique and access-restricted link assigned for each journal. They simply had to type in the online document, and not worry about saving or emailing it afterward (as these steps were automated). For respondents who were unable or unwilling to take part in journaling, they were invited to be interviewed instead. The journaling process lasted one month; the weekly submissions were checked by the co- investigators and participant-researchers, who provided follow-up questions and comments where needed. Once the journals were submitted, the IPS consultant and researchers collectively assessed the completeness, concreteness and specificity of the responses. For each journal, the research team flagged areas in need of elaboration, further probing or clarification for follow-up. Lastly, respondents who experienced forms of discrimination that were egregious, unique, or theoretically interesting, were invited to participate further via interviews or focus group discussions, with the aim of obtaining more details and exploring the incident in more depth. 2.2.2 Interviews Individual face-to-face interviews were conducted with journaling respondents who recorded abstract and general responses in their journals which required clarifications, or who were unable to attend the focus group discussions. Respondents whose journals required minimal elaborations were invited to focus group discussions to generate and validate hypotheses. (Note that not all journaling respondents invited to interviews or focus group discussions attended.) Transcripts of the interviews and focus groups complemented the journal entries. 4
Interviews were conducted with respondents who did not wish to take part in journaling or focus group discussions. For this group, the interviewer – either a co-investigator or a participant- researcher – arranged to meet them at the DPA office or at a venue of their choice to carry out face- to-face interviews. The interview question list used by the interviewers served as a guide to encourage the respondents to tell their stories. (Refer to Appendix B.) interviews were audio recorded or, in the case of respondents who use sign language, video recorded. Typed transcripts were then obtained from the recordings; for sign language users who were video recorded, they were able to check and approve the written versions of their interviews. The research team read through the transcripts (after personal information had been removed) to identify and explain insights they felt were of interest to the study. The result of this process was a list of ‘insight statements’ that formed the backbone of the final report and analyses. 2.2.3 Focus Group Discussions Focus group discussions were made up of respondents from the journaling and interview groups (as detailed above) who were invited to take part, as well as respondents who were not part of those two groups. Some focus groups comprised respondents with different disabilities, while others were for respondents who shared a common disability; for example, there was a dedicated focus group session for respondents with mental illness, and another for those with Down Syndrome. The discussion points used by the focus group facilitator served as a guide to encourage the respondents to tell their stories, and give feedback on others’ experiences. (Refer to Appendix C.) A focus group discussion session was also held for staff from agencies and VWOs which provide employment matching and support services for persons with disability. (Refer to Appendix D.) Focus group discussions were audio recorded or, in the case of respondents who use sign language, video recorded. Transcripts were then obtained from the recordings. 2.3 Respondent Profile The study included insights from 52 respondents, 46 of whom have a disability and experienced unfair or discriminatory treatment in the workplace. The remaining six were social service professionals with direct work experience in matching persons with disabilities to jobs. The following disability groups were covered in the study: physical disability, deaf or hard of hearing, mild to moderate Down Syndrome, chronic mental illness, Autism Spectrum Disorder, and visual disability. These groups were excluded: persons with with severe to profound developmental disabilities who do not have the intellectual capacity to understand the reason for the research and the risks therein, and to provide assent for their participation. For detailed information and breakdown on the number of respondents, their disability types, and the means of participation, refer to Appendix E. For a short glossary and explanation of the disability terminology used in the paper, refer to Appendix F. 5
Chapter 3: What is Employment Discrimination? As perceived by persons with disabilities, discrimination appears in many guises and forms, and to varying degrees of severity. Obvious cases are those in which perpetrators play active roles, such as treating persons with disabilities differently compared to non-disabled colleagues, making the former the scapegoat for problems which were not their fault, and bullying behaviour such as personal attacks and public shaming. Discrimination also occurs in more passive ways or in less apparent forms. Examples include not responding to or ignoring disabled employees’ legitimate work-related concerns or complaints, closing an eye to bullying or unfair behaviour inflicted upon them, and management not keeping their word pertaining to work-related matters. There were cases of blatant discrimination or outright exploitation as detailed in this chapter, but the less obvious forms of discrimination are arguably of equal concern and as worthy of examination. When unfair treatment is not outwardly severe, as in paternalistic or patronising behaviour, or in the non-consensual sharing of employee’s disability, they tended to be overlooked. The seriousness and impact of moderate discrimination are also inclined to be underestimated. Not least, here, it should be noted that in exploring the types of discrimination present, there was a conscious attempt to get the respondents to think about why they had suffered such treatment, that is, the cause of the discrimination. The intention was to examine whether the discrimination they experienced stemmed directly from their disability, or if the discriminatory treatment could be due, partially or fully or indirectly, to other reasons or factors unrelated to disability. There could, for example, be underlying issues of personality clashes, racism, sexism, and ageism in play. Hence the respondents were asked to reflect on whether other possible causes or contributing factors exist, in the contexts and situations in which they experienced discrimination in the workplace. Responses are based on incidents of discrimination which respondents felt were directly or predominantly attributed to their disability, even after considering the role of other possible factors. 3.1 Definition of discrimination in employment legislation Before delving into respondents’ perceptions and conception of what discrimination in employment means to them, it would be pertinent to first examine how it is defined in the literature. Existing legislation will also be examined, with a particular focus on what constitutes discrimination in the employment laws of developed countries as they tend to have more commonalities with Singapore’s socio-economic status. Defining discrimination in legal terms consists of two main components: First, it must be clear which groups of people are to be protected against discrimination. In this case, the affected and protected group refers to persons with disability, which in turn requires ‘disability’ to be defined as well. Generally, in anti-discrimination legislation, disability is regarded as an inherent characteristic of the person, as with traits like gender and race. Next, to be deemed discriminatory in the eyes of the law, the actions, the types of discriminatory conduct and measures imposing disadvantages on affected persons need to be stated. In some countries, determining whether discrimination has occurred involves comparing the treatment meted out to those who belong to protected groups (such as disability groups and ethnic minorities) and those who do not. If less favourable treatment is given to the protected groups, 6
discrimination has occurred. Examples of such legislation are the United Kingdom’s Equality Act, Australia’s Disability Discrimination Act (DDA), and Hong Kong’s Disability Discrimination Ordinance. In other countries, discrimination is defined more simply as treating, unfairly and differently, a person with disability solely because of the person’s disability, without justifying such differing treatment. There is no comparison to or benchmarking against the treatment given to non-disabled persons in the same situation. Examples are the United States’ Americans with Disabilities Act (ADA) and Japan’s Act for Eliminating Discrimination against Persons with Disabilities. Anti-discrimination laws may also identify the specific types of discrimination which are unlawful. The Equality Act, for instance, lists six types: direct, indirect, harassment, victimisation, arising from disability, and failure to make reasonable adjustments. The DDA, on the other hand, lists just two – direct and indirect discrimination. It is helpful, at this point, to briefly cover and explain the main types of discrimination which exist under the various laws, and which are applicable to those raised by respondents in this paper. The provisions under the UK’s Equality Act, among the most comprehensive of the laws examined, are used as the base here. a. Direct discrimination occurs when a person with disability is treated less favourably than others because of his disability. b. Indirect discrimination occurs when “a provision, criterion or practice is applied equally to a group of employees/job applicants, but has (or will have) the effect of putting those who share a certain protected characteristic (i.e. disability) at a particular disadvantage when compared to others in the group, and the employer is unable to justify it.” c. Harassment refers to “‘unwanted conduct’ that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment”. Examples of such harassing behaviours, which can be verbal, written, or physical, are bullying, insults, threats, intrusive or inappropriate questions, and excluding a person. d. Victimisation occurs when an employee is adversely affected by or penalised for making an allegation of discrimination or whistleblowing on such occurrences. e. Discrimination arising from disability occurs when an employee “is treated unfavourably because of something linked with their disability.” Examples are “absence from work because of illness, problems with movement, difficulties with reading, writing, talking, listening or understanding.” f. Failure to make ‘reasonable adjustments’ or accommodations refers to failing to making “a change or adaptation to the working environment that has the effect of removing or minimising the impact of the individual’s impairment in the workplace so they are able to perform their job duties, or apply for a job, without being at a disadvantage.” 7
3.2 Serious forms of discrimination as perceived by respondents The types of discrimination experienced and recounted by respondents will now be considered. Most of these could be deemed to fall into one of the six categories of discrimination listed in the previous section. Some are more overt, such as personal attacks and verbal insults, while others are not obvious, such as patronising attitudes and behaviours. Note that one of the main types of discrimination, the failure to provide reasonable accommodation, is not listed below as it will be discussed in the next chapter. The forms of discrimination which had adverse consequences for the victims, had deep emotional impact on them, or were perceived as especially unethical, were deemed by respondents as the most serious types. These mainly involved exploitation in the workplace or being oppressed by mindsets and attitudes which degrade their humanity. 3.2.1 Blatant exploitation and maltreatment Being taken advantage of in unfair ways and being ill-treated are rather self-explanatory albeit abstract: What counts as blatant and what is maltreatment? Certain incidents which are shared by respondents, and as narrated below, will serve to clarify these points. The first example pertains to Respondent 05 who recounted an unsavoury incident while working at a VWO with colleagues who have intellectual disability. At a sheltered workshop, a supervisor on a production line had not followed instructions and implemented his own method of packing, which resulted in errors in the end product. When the mistakes were discovered, instead of owning up, the supervisor said it was the fault of a worker under him, one who has intellectual disability and who was not aware of what had happened. The respondent witnessed this, alerted a senior staff and managed to absolve the unwitting would-be victim. As for why the colleague had been targeted, he opined: “Being someone who is unable to defend for himself, the worker with intellectual disability seemed to be a good target for someone to push the blame on.” Respondent P18 said she was overworked and underpaid for months, and suspected her employer was banking on the fact she was deaf and would endure the poor working conditions, hence the lack of care in how she was treated. She recounted her breaking point after repeated incidents of ill-treatment, and the employer’s reference to her disability as a reason: “I was frustrated – why boss discriminate me? What I do wrong? Since first day, dislike me. Why? I been working hard to finish project, coordinate well with supervisor, but he can’t learn to work with me. Boss say, you deaf, you finish the work now! I was so angry that I just go. I left.” Respondent 13 felt the sting of being regarded as having lower status compared to the other employees. He said: “They treat us as temporary job, temporary employee. Because they even...because they don’t pay … insurance all this, you know. That’s why, they get all the employers to have this.” In this case, the employers did not give full-time contracts to persons with disabilities, but only took them on temporary or contract-based terms to avoid paying for their insurance. Insurance for persons with disability costs more because insurance providers associated disability with greater health and safety risk. Furthermore, persons with certain types of disability are unable to be covered by insurance. Respondent T29, SP1 said, from his experience, that some employment agencies arranged for workers with disabilities to be hired by companies on unfair terms, with regard to pay – “nearly half 8
of what their own in-house employees are paid”, and workload – the disabled employees had to do more work. He suspected this could only happen because the notion that for disabled persons, “all they need is a job, so you can pay them less and just give them a job” was entrenched and implicitly accepted by all parties, or at least by the employers and agencies if not the employees with disability. 3.2.2 Manipulation This is a more subtle type of discrimination which is less known and also not immediately obvious. Manipulation could be in the form of misusing the workers’ inherent qualities, such as public sympathy due to their disability, or being undermined by changes in working arrangements which seem innocuous but cloak the real intentions of the employers. Respondent 06, who was working in a social enterprise, was unhappy as she perceived the organisation to be using the disability of the disabled employees as a sales pitch in its fundraising events and as a source of revenue. She felt it was demeaning as it aimed to tug at potential customers’ heartstrings and invoke their pity. She said: “I'm disappointed that they keep using ‘pity words’ to the customers of my disability.” Respondent T29, SP3 felt that giving less desired and ‘unwanted’ jobs to persons with disabilities, in a way that made them feel forced to accept these jobs, was a form of manipulation. He said: “Actually, I think, over time, always, disability jobs revolved around.. most jobs that able-bodied don't want to work in. … So they're always trying.. to manipulate their job to get, you know, disabled people to do it..” Sometimes, unwanted workers are nudged out in discreet ways. An example was given by a VWO staff (T28) who cited her client, who was a part-timer, being given less working hours and, later on, not even told of a change in her work schedule. She felt the employer was attempting to make things difficult for the staff such that she would leave on her own accord. 3.2.3 Shaming and verbal putting down The following instances of verbal naming and public shaming were experienced by respondents as a direct result of their disability. These range from name calling to mockery of the victims’ traits related to their disability. A shocking case of bullying was related by Respondent T29, SP4 with physical disability who had a distinctive walking style. When he was interning at a VWO serving persons with disabilities, he had chosen to return to a branch office after not coping well at the headquarters where he had earlier been transferred. Apparently, his manager did not take well to his decision and, in front of him and other colleagues, mimicked his gait to mock him. Another case was that of a Respondent 10, who had taken on a job at a clinic, and underwent an unsolicited and insulting chat with her employer. She detailed the cringeworthy session: “First day of work. Boss had a talk with me in private, as I had disclosed my condition (depression) in resume. He told me straight … he had doubt in hiring me because of my condition. He began to imply that with all the meds available at the clinic, he’s worried. Though he was hesitant to state the worries specifically. Then he began to ‘lecture’ in a sense (he’s a GP) that people with depression are, in a way, selfish, people like us need to look outwards instead of focusing on own issues.” 9
Respondent 02, who is deaf, was subjected to private shaming by colleagues who were unwilling to accommodate her slower mode of communication via writing. She said, “They ‘blamed’ me for asking them many questions and … they called me ‘sotong’.” In one of her jobs, Respondent 24, who has schizophrenia and depression, recounted being ticked off in public by colleagues, in front of customers, after making mistakes at work. In another, she said her superior was unsympathetic towards her despite knowing her disability: “.. my supervisor every morning was yelling at me, scolding me. Until I couldn’t take it.” 3.2.4 Disrespect, denigration and personal attacks Some respondents were on the receiving end of uncivil language and uncouth behaviour in the workplace. Such toxic incidents, as many of the affected respondents admitted, were psychologically upsetting and took a toll on their emotional equilibrium. For instance, Respondent 18, who is deaf, said: “[The boss] had no patience in communication. After reading or writing what I wrote, he would throw the paper down and say aggressively, ‘What you talking about?’” Once, when she stayed late to complete work and requested to be allowed to have dinner first, she alleged that he shouted, “No! No eat. Finish work first!” and kicked her table in a fit of pique. Respondent 01, who had difficulties fitting in socially with colleagues, recalled that they made jokes “about [his] failures and mistakes” and regarded him “more as [a source of] entertainment than their colleague.” Respondent 06 was the subject of degrading remarks from her employer, a social enterprise which was supposed to provide jobs for persons with disabilities. She said she was hurt by such comments: “.. the employers said that if they never employ us, nobody will, and that we are begging for this job.” For Respondent 30, he received curt and confrontational replies from his employer to his feedback on unfair treatment regarding promotion and pay issues: “If you’re not happy, you can always get a job elsewhere.” He felt there was an implicit understanding among the parties involved that he, the employee with disability, would find it difficult to find another job, and that was why the uncivil and aggressive tone could be used with impunity. Respondent T30, SP2 related how the deaf employees at her company lacked a permanent place to store their belongings. She recounted how it affected one colleague: “..during her leave, things will change again without her knowledge, so she wasn’t informed, in the loop. Then she tried to find her things, it was all messed up everywhere. So she felt all the deaf workers were not important, basically they were treated like anyhow, they were treat like less important than everyone else.” 10
3.3 Moderate forms of discrimination as perceived by respondents Less serious forms of discrimination include negative attitudes of supervisors and colleagues towards employees with disability, such as treating them as social inferiors not deserving of the norms of respect or dignity accorded to others. 3.3.1 Being disingenuous and breaking of promises Employers breaking of their word, paying lip service to promises, and misleading employees with disability were common issues faced by respondents. Respondent 30, a wheelchair user, had worked for a number of years with an employer on the understanding she would be rotated to another department which was her area of interest after a certain duration. But she was eventually denied the transfer, supposedly because she was unable to fulfil one of the duties in the new position. She attributed the rejection to a lack of will and heart on the part of the company to do a simple redesign to the job scope. She recounted: “But the rest of the job, the majority of the job, I can do it. But they don’t do it, they don’t even think of that way! That means it shows that they are not sincere about hiring me. …They should at least give me a chance to be interviewed!” Respondent 13, who has physical disability, was dismissed just two weeks into a one-year contract. He had clearly indicated his limitations in his resume and during the interview, but after starting work, his boss expected him to take on tasks he could not physically handle. He felt it was unfair and recounted: “I can only do desktop work, programming, that’s all. That’s what I already told them already. They don’t accept it later.” Respondent 06, who was in a social enterprise, was told during the interview that sales staff would be entitled to a certain percentage of sales proceeds achieved, and there would be staff benefits in terms of leave. Later she found otherwise: “Once I started working, they announced that the.. commission will be shared among all.. staff. Told me that i will have annual leave or medical leave. But till today, no such policy.” In another case (T30), the respondent had suggested having an awareness workshop to improve communication with the deaf workers within the company, “but in the end it didn’t happen; they just skipped, passed (on) the idea.” 3.3.2 Breach of confidentiality Some respondents reported experiencing the trauma of having their privacy violated. Information about their disability or mental health condition were divulged to unauthorised persons without permission. This happened mostly to those with hidden disabilities who had made known their condition only to certain persons in their companies. For Respondent 22, she had informed one colleague when trying to explain her bout of tiredness due to a relapse, but the private information was leaked to the rest of the company. Respondent 08 reported that his lecturer revealed his condition to potential industrial attachment companies, which he felt ruined his prospects of employment. 11
3.3.3 Stereotyping and assumptions Stereotypes of persons with disabilities related not only to the notion that they were unable to do certain tasks well or at all, but also on the nature of their characters, aptitudes and abilities based on minimal or one-off experiences with a member of the disability group. There were numerous cases of such stereotyping highlighted by the respondents. For example, from her prior experiences, Respondent 02 expressed her concern that non-disabled people would base their impression of deaf person on a single negative encounter with a deaf person: “They think if one deaf person problem, they think all deaf people are like this person. Not fair to label us in this way. Why do to us? No different from hearing people who have similar problems.” As the local deaf community is a small one, the worry that the entire community would be tarred this way was a real one. She added: “The companies should be educated that every disabled people are individuals. It does not mean that one person is ‘lousy or having some cope problems’, they assume the others to be same. Not true. Our attitude play important role that they should look at.” Respondent 12 highlighted the tendency by non-disabled people to compare persons with similar disability. When he approached his human resource department for help with his needs, he was unfavourably compared to another member of staff who had a similar disability and who could independently perform the function with which he needed assistance. He had to point out the common-sensical fact that wheelchair users were not a homogenous group: “[The other person] is sitting on a wheelchair. I am sitting on a wheelchair. Correct. But our medical diagnosis is not the same. The way we suffer from the disorder is not the same. Therefore, the way we perform, and what we can do, and how we can do [it] will differ.” The idea of persons with intellectual disability as being functionally unable to fit in the workplace was reflected in the case of Respondent T3, who narrated this initial, downbeat perception of her at the workplace (though she later came to be more accepted): “One of my colleagues treat me as really as Down’s Syndrome’s child. Working in an office... That’s impossible. Because, Down’s Syndrome, some can be, like, slow in their work, can't catch up, can't listen, can't follow instructions, will have mistakes, and not willing to learn. But, I'm not, um, offended them. I just... I accept because it’s an office.” For Respondent T25, there were misunderstandings over her limited vision, which meant she had to use magnifier software and sit very close to the computer screen. She highlighted the lack of comprehension among her colleagues and supervisors on what she could and and could not see, as well as her accommodation needs: “They don’t know … what is good partial field, they do not know what is bad partial field. They don’t know, they don’t understand. … They find it weird when I look at the computer … quite near … they look at me as a slow worker, slow pace and … basically whatever information that they want to disclose … they trust more on the normal abled-body lah, not so much on me, because they feel that … because of my impairment … I cannot do that much..” 12
3.3.4 Paternalistic and patronising attitudes A number of respondents felt that some co-workers, managers and even social workers put on a veneer of benevolence while interacting with them in patronising or paternalistic ways. This enabled the non-disabled parties to have ready excuses to treat the disabled workers less than ideally for apparently sound reasons. This led to some of them treating persons with disabilities as if the latter were incapable of making good judgements or decisions. Instead, they would dictate which tasks were admissible or suitable for the disabled workers, and which were not. The disabled person’s belief that he is capable of performing the task was disregarded. Often, he was not even consulted at all. This kind of attitude was common enough that almost every disability group had their own tale of woe to share. Respondent 02 provided an example of this widespread mindset. She said: “Deaf people have hard time to find jobs and we get rejected by the companies. … They worry that they are over-concerned for our safety if we are given to work on marine or dangerous jobs. Society don’t give us chance to prove our worth.” Respondent 16, a wheelchair user, also cited this rationale given to him for not allowing him to travel to meet clients: “[Employer said] ‘You better don’t, because you’ll cause me trouble if anything happen to you… Your safety is our first priority, so we don’t want you to do all these things.’” He had repeatedly tried to persuade his employers, but they remained unmoved. Similarly, for Respondent 12, who has a physical disability, his employers would not assign him certain tasks, citing safety concerns or his apparent inability to undertake the work without first asking his opinion. However, he did not feel their reasoning was valid: “Yes, I know you're concerned for my well-being, but how can you decide whether to exempt me or not without even allowing me to try? Who are you to make that assumption for me?” Respondent 04, who is deaf, struggled to gain the trust of her superiors in allowing her to take on more responsibilities. She concurred that employers often assumed too much: “.. to ignore the PWD or to exclude the PWD from certain work activities just because they ‘feel’ that they cannot do and not willing to accommodate or have not let them tried it out first … that is all about their perception.” Respondent 25, who has low vision, explained why she left a job – she had felt unappreciated and unvalued: “How can you see my capability when you keep on saying I ain’t capable? And keep on looking at my disability. You keep on looking at my.. incapabilities lah. ‘You cannot see.’ All my weakness, you only look at my weaknesses… and you don’t want to look at my strength. So, what’s the point of staying, right?” Respondent 22 spoke of her anguish in being treated, in a negative way, as someone who is apart and alienated from colleagues at the workplace. She said: “Actually, I feel that we are just mentally ill. We also healthy people also. No need to draw a line so deeply lah. It hurts us a lot. Yah, so, the treatment they have for us, attitude, the way they talk to us, communicate with us, is very different when they find out that you are mentally ill patient.” On a different but related note, Respondent 10 felt that the employment placement and support services run by government agencies and VWOs had too low expectations of and targets for job seekers with disabilities. She opined: “I’m sorry to say this, they recommend jobs that truly required no passion. Minimum wage. Like, any job is good, as long as you have one.” 13
3.3.5 Indirect discrimination Indirect discrimination occurs when a company policy, rule or practice applies to everyone in the same way, but has a more negative effect on some people than on others. Respondent 01 noted his company practice forbade employees from taking toilet breaks during working hours, and felt this rule was more disadvantageous for people with disabilities such as those with “physical deformities, all these bladder issues.” 3.3.6 Inaction Inaction on the part of superiors or management when a complaint is lodged by persons with disabilities also serve to degrade the legitimacy of their feedback. Colleagues and employers indirectly discriminate when they fail to act or respond to incidents of discrimination. Respondent 19, who is deaf, went to her human resource department to ask for help in handling her colleagues who refused to write to her to communicate. She recalled the disappointing result, and which eventually led her to leave the company: “The HR just write down my complaint. No next step. When I quit, they ask why.. she just listen [and said], ok, thank you.” Respondent 20, who was underemployed at his company, related how he had repeatedly appealed for an opportunity to expand his portfolio. He had approached both his immediate superior and the head of the company, and both had assured him they would look into the matter. But “nothing happened.” He, too, finally left the organisation. 3.4 Reviewing what discrimination means From the cases cited by respondents above, a definition of discrimination as perceived by them can be put forth – discrimination occurs when unfair treatment is meted out to a person with disability which is directly or indirectly linked to the disability alone; it is also present when a person with disability receives less favourable treatment, social respect and regard, and work opportunities compared to a non-disabled peer in the same position. This definition largely aligns with those articulated in the anti-discrimination laws explored earlier. It should also be noted that discrimination exists on a spectrum, ranging from obvious forms to more insidious and invisible types. Discrimination which is explicit and out in the open (so to speak), such as harassment, may not necessarily be more serious than forms of unfair treatment which are more less overt, such as paternalistic or stereotyping behaviours on the part of employers. In fact, discrimination which are regarded as less severe are likely to be more pervasive and have adverse material impact on the victims. 14
Chapter 4: Discrimination Across the Employment Journey Overview Discrimination in employment against persons with disabilities is generally thought to occur only at the workplace, during the course of the daily work routine. It is assumed that the perpetrators are employers, superiors or colleagues of the victims. However, a more accurate portrayal of discrimination emerges when it is seen in the larger context, as a phenomenon that occurs throughout the entire employment journey. This encompasses every stage of the employment process, ranging from discriminatory recruitment practices, lack of reasonable accommodation for persons with disabilities who are hired, unequal pay and working conditions, unequal or lack of career development opportunities, to unequal remuneration. It also spans less apparent aspects such as spatial and physical accessibility, communicative practices and collegial relationships. Actions by different parties and stakeholders also affect the employment opportunities of persons with disabilities. For example, caregivers of and those in positions of power over those with disabilities (such as policymakers and employment placement officers) may steer them towards certain education and training choices, sometimes with adverse effects during and lasting long after employment. In fact, the problem is so pervasive that almost no organisation or company is free from incidents of discrimination against job seekers or employees with disability. In fact, discrimination also occurs in places where it is least expected, and in organisations which are supposed to adhere to best practices, upheld as role models for inclusion, and therefore should know better. They include Disabled People’s Organisations1 (DPOs), Voluntary Welfare Organisations2 (VWOs), government bodies, medical institutions and social enterprises that serve or hire people with disabilities. From the respondents’ accounts, discrimination in employment matters had allegedly occurred at the Public Service Division (PSD), Institute of Mental Health (IMH), Singapore Association for Mental Health (SAMH), Bizlink and SPD among others. Details of incidents of discrimination at these organisations are discussed under other sections in this paper. Lastly, it should be noted that most of the quotations by respondents, as presented in the following sections, are based entirely on verbatim transcripts of interviews or focus group discussions conducted verbally or using sign language (for deaf respondents who are sign language users). As such, the grammatical quality of the quotations are naturally not as polished as for written or pre- prepared responses; these should not be taken as an indication of the respondents’ language ability or standard. 1 DPOs refer to organisations by people with disabilities for people with disabilities such as the Disabled People’s Association and Handicaps Welfare Association. This does not mean that DPOs are necessarily superior or better compared to VWOs. 2 VWOs refers to voluntary welfare organisations. Examples include SPD (formerly Society for the Physically Disabled) and Down Syndrome Association, Singapore (DSA). 15
4.1 Pre-Employment In Singapore, parents and guardians are legally responsible for the child or ward under their care till age 21, which give them disproportional power in shaping the educational choices and career paths initially taken by the person with disability. Even those who are older, in their early to mid-20s for example, are not financially independent and still rely on their families for support. But family members’ decisions may not always be in accordance with the desires, aptitudes or preferences of the person with disability. For example, Respondent 01, who has autism, related how his parents had deemed him less capable because of his disability. They dismissed his desire to undertake a course he was interested in; instead they pushed him to work in the family business. He recounted: “My parents literally dragged me to their company.. [they] refuse to support me through ‘useless degrees’ even ones like psychology which I can still do well.” While parents and guardians in general have good intentions for their child or family member with disability, it does not necessarily mean they are well-informed about their loved one’s medical condition, abilities, needs and wishes. In fact, some persons with disabilities suffer from family members’ ignorance, prejudice and discrimination. Besides inflicting emotional hurt, such negative attitudes also curb their aspirations and limit their future career options from the get go. One common issue highlighted by respondents is their family’s low expectations of their educational and career prospects. For instance, Respondent T29, P36, who has cerebral palsy, recounted her sibling’s belief that she “should work in the call centre” as it was the ideal job for her, despite her aspiring to more. Respondent 35 arguably suffered worse, having to bear the indignity of being perceived and denigrated by his parents in the worst possible terms. According to him, their thinking was along the vein of “a disabled child is a useless child.” Denigrations and other verbal and explicitly expressed slights from the person with disability’s own family members understandably undermine their belief in their own capability and diminish their sense of self-worth. Besides the emotional and psychological toll on the respondents, this also impacts their career choices in the long run as then they start to internalise that they have an inherent lack of ability, or that they are only good enough for certain low-status and low-paying jobs. A similarly prescriptive approach, at this early stage, by employment placement officers also results in restricting the person with disability’s career options. Some respondents felt that they tended to be pigeonholed by service providers as ideal for specific jobs or best suited to certain industries, and were then steered towards these. Sometimes, they were pressurised to accept decisions on a take- it-or-leave-it basis. They often felt disempowered as they had little or no say in their choice of vocation, or were not given the chance to articulate their preferences. Beyond the family, other respondents highlighted that most job-matching services seem to cater for those with lower educational qualifications or blue-collar positions. When they sought help from VWO or agencies, they were funnelled to certain jobs, or a limited range of jobs. As the alternative was unemployment, they felt compelled to accept jobs for which they were overqualified, or which did not match their skills or interests. This eventually led to underemployment and lack of fulfilment and satisfaction in their work. Illustrating this point was Respondent 33’s experiences with job-matching agencies catering for persons with disabilities: 16
“[The VWO] and all... will tell you, we offer you a job. Please take it. Or else we cannot find.. another job [for you].” On a similar note, Respondent 17 felt job-matching services were ineffective and lacking for those with higher educational qualifications or skills: “When I ask [sic] them my job expectations, they always tell me I am overqualified. So they always say, ‘I cannot help you, because your qualifications and expectations is high; I only can help disabled who cannot help themselves.’ Then I ask them in what terms they asking for. Then they say those disability jobs more like cleaning, F&B, cashier. If you want something ‘high’, you have to look for yourself. So I think, what is the point of asking them?” One reason why this approach seemed to be commonly adopted by VWOs might be the funding model, which gauges the effectiveness of the programme based on the number of successful job placements alone, and excludes criteria such as job fit and client (employee) satisfaction or turnover. This might inadvertently have created a pathway to less desirable, low-status and low paying jobs for job seekers with disability, because such positions are easier to fill and fulfil the VWO’s performance quota. 4.2 Recruitment Process Moving on to the first stage of the employment process – applying for suitable jobs and being shortlisted – many respondents said that they found it difficult to even get called up for interviews. A common belief was that the chances of getting a foot in the door of employment was diminished by their disability, specifically, by the prospective employer’s knowledge of this fact. Because of the difficulty in securing jobs on their own, almost all the respondents had previously sought or were then seeking help from job-matching agencies or services run by Bizlink, SPD, SG Enable, Institute of Mental Health, among others. In some cases, there was no doubt the respondents were rejected solely because of their disability – the discrimination was direct, explicit and indisputable. An example was described succinctly by Respondent T29, SP4: “Some of them [employers and job agencies], when they heard that I have a disability, they just hang up the phone.” Another, a wheelchair user (P15) who turned up for an interview, recounted what was said to her face before being asked to leave: “No, no, no! Sorry, sorry. I didn’t know you are like that, handicapped.” There were more civil, though equally unfruitful, responses for Respondent T29, SP3: “Even I also call up, you know, advertisement also. Oh, yeah, yeah, we're gonna employ you. Oh, then I... I have to be honest lah. I'm on wheelchair. Oh, sorry, cannot. The place is too narrow for you lah. So many excuses lah.” That such blacklisting was occurring was reaffirmed by a VWO staff (Respondent T28, SP2), who was doing employment support work for clients with disability, and had experienced similar incidents. She had enquired, on behalf of her clients, about the openings advertised on online job portals. But when she revealed her clients are persons with disabilities, the prospective employers would then claim no vacancies were available. Rejections can also be indirect, as in the applicant not getting the job because of the disability but are not told why or being given other reasons. Some respondents believed they were filtered out at the application stage when they disclosed their disability on their resume or on the application form. Others believed that they were rejected when they showed up at interviews with a visible disability, 17
or upon revealing their disability. However, unlike the explicit rejections in the examples presented in the preceding paragraphs, there is seldom definitive or conclusive proof for these claims, as employers would not explain their hiring decision or would cite other reasons for not hiring the respondents. A persuasive indication that such discriminatory practices exist and might be rampant come from those with mental illness who, in their attempts to circumnavigate these barriers, inadvertently provided a test control. Some of them (Respondents 24, 26, T30, T31) said they had initially disclosed their disability in their resumes or application forms, and did not get interviews or job offers. When they started withholding disclosure of their disability, they subsequently succeeded in obtaining interview and job offers. For example, Respondent 24, who has mental illness, stated: “In my application form, the first time I declare, I didn’t get the job. So the second time I apply, I didn’t declare and I got the job.” Another respondent, who disclosed her mental illness at first and was verbally put down, claimed she never did face any cases of discrimination after that when applying for subsequent jobs: “Work-wise once off. Probably also because I never disclose my condition anymore after that.” However, from at least one VWO staff’s perspective (Respondent T29, SP5), ignorance or uncertainty on the part of the employer is a valid reason to not consider persons with disabilities for jobs. In other words, he did not deem it a case of discrimination if employers choose not to hire persons with disabilities because they stated they do not have prior experience of working with such persons. He argued this is an understandable reaction when employers and staff do not know how to integrate or work with persons with disabilities. Without this knowledge, employers are naturally not confident that the person with disability can indeed work and contribute. 4.2.1 The problem of disclosure It is pertinent, at this point, to look at the interlinked issue of having to disclose or share one’s disability during the employment process. This greatly concerned some respondents who strongly believed in the likelihood of such information being misused and abused. In other words, they thought it enabled discrimination by employers against job seekers with disabilities. On the subject of revealing or sharing one’s disability during the employment process, there are two types of disclosures – mandatory and voluntary. In a mandatory disclosure, the job application form specifically asks for information pertaining to the applicant’s disability or medical status. Such requests are mandatory in nature; that is, the application form will state that the information is required, and any incomplete information given might result in the application not being processed, or that false information given, if discovered, would result in the termination of the employment of the successful applicant. In a voluntary disclosure, the employer does not require the job applicant to disclose his disability during the application or recruitment stages, and the applicant voluntarily does so. Some job seekers with disability claim they would always reveal their disability, even if such knowledge is not sought by the employer. For this group, disclosure occurs either in the resume, application form or during the interview. They also tend to have disabilities which are visible and obvious, as when they are using wheelchairs (physical disability) or white canes (visual disability), or which cannot be hidden for long, as for those with hearing loss. Typical of such respondents are Respondent 19: “Yes, I always put ‘deaf’ [in both my CV and cover letter]” and Respondent 15: “In 18
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